Beck v. Ferd Heim Brewing Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon B. P. Gates, Judge. (1) The authorities are uniform that the liability of a municipal corporation for a defect in a sidewalk, as well as that of an abutting property-owner for permitting an obstruction on the sidewalk in front of his property, is because they are maintaining a nuisance. Dillon on-Mun.
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Appeal from Jackson Circuit Court. — Hon B. P. Gates, Judge. (1) The authorities are uniform that the liability of a municipal corporation for a defect in a sidewalk, as well as that of an abutting property-owner for permitting an obstruction on the sidewalk in front of his property, is because they are maintaining a nuisance. Dillon on-Mun. Corp. (4 Ed.), sec. 1032; Wood on Nuisances, see. 120; Congreve v. Smith, 18 N. Y. 82. The courts of this State are in harmony with the foregoing principle, and place the liability of an abutting property-owner on the ground that he is guilty of…
1Opinion of the CourtBrace, P. J.
On the trial of this cause the defendant objected to the introduction of any eyidence under the petition on the ground that it did not state facts sufficient to constitute a cause of action. The objection was sustained. The plaintiff took a nonsuit with leave, and his motion to set the same aside having been overruled he appeals. So much' of the petition as is relied upon for a statement of his cause of action is as follows :
“Plaintiff states that the defendant is a corporation organized and existing under and by virtue of the laws of the State of Missouri, and is the owner of the following…
2Cases cited5 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Reedy v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1901
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- City of Independence v. SlackSupreme Court of Missouri · 1896
3Cited by7 opinions
- Skelly Oil Co. v. JohnstonCourt of Appeals of Texas · 1941
- Henry v. Mrs. Baird's Bakeries, Inc.Court of Appeals of Texas · 1971
- Atkinson v. Sheriff Motor Co.Supreme Court of Iowa · 1927
- Equitable Life Assur. Soc. of the United States v. McClellanCourt of Appeals of Kentucky (pre-1976) · 1941
- Lang v. J. C. Nichols Investment Co.Missouri Court of Appeals · 1933
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